Andhra Pradesh Court November 2000 Judgments
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Vice-president, M/S. Placer Pharma Vs. Subhash Road, Mumbai V. Assista ...
Court: Andhra Pradesh
Decided on: Nov-18-2000
Reported in: 2001(2)ALD185; 2001(1)ALT277; (2001)IILLJ402AP
ORDER1. The writ petition is filed to impeach the order dated 10-10-1998 in IA No.1 of 1998 in SE No.1 of 1998 passed by the Assistant Commissioner of Labour, Nellore, the first respondent herein.2. The second respondent joined the services of the petitioner-Company as a Sales Officer in 1996. He was transferred to Mumbai. He made a request to retain him at Nellore. Instead of considering his request the petitioner terminated his services with effect from 7-11-1997. Aggrieved by the termination, he approached the first respondent under Section 48(2) of the A.P. Shops and Establishments Act, 1988 ('the Act' for brevity). The first respondent passed an ex parte order dated 8-6-1998 taking a view that the matter was adjourned due to non-appearance of the petitioner on number of days. The petitioner herein filed two applications before the first respondent. One praying to set aside ex parte order under Rule 21 of the A.P. Shops and Establishments Rules, 1990 ('Rules' for brevity) and anoth...
Special Deputy Collector, Land Acquisition, Medak Vs. N. Sangaiah and ...
Court: Andhra Pradesh
Decided on: Nov-18-2000
Reported in: 2000(3)ALD43; 2000(2)ALT519
ORDER1. The learned Government Pleader for Land Acquisition has contended that since no protest was raised by the respondent-writ petitioners while accepting the compensation, the petition under Section 18 of the Land Acquisition Act (for short 'the Act') seeking reference to the civil Court is not maintainable. It is not disputed that the application under Section 18 of the Act was made within limitation. The Hon'ble Supreme Court in Ajit Singh v. State of Punjab, (1994) 2 Scale 22 at 316, has observed thus:'... inasmuch as the appellants have filed an application for reference under Section 18 of the Act that will manifest their intention, and therefore, the protest against the award of the Collector is implied notwithstanding the acceptance of compensation.'2. In view of the law laid down by the Supreme Court there is no gain-saying that since no specific procedure or form is provided for recording the protest, the fact of filing an application under Section 18 of the Act within the...
Mallela Venkata Rao and Others Vs. State of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Nov-18-2000
Reported in: 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438
ORDERM.S. Liberhan, CJ.1. Facts and questions of law raised in these petitions can be regarded as common questions of law. The petitions are being disposed of by common order.2. The basic factual questions argued be noted albeit with brevity.Facts :3. The State of Andhra Pradesh appointed Sri Justice P. Ramachandra Raju, a retired Judge of the Andhra Pradesh High Court as Commission of Inquiry (hereinafter referred to as 'Raju Commission') on 10-9-1996 to examine. (A) Whether disproportionately large number of benefits have gone to a particular sub-caste of Scheduled Castes; and (B) If so, to indicate all such steps as are necessary and required to be taken to ensure that the above benefits are equally distributed amongst the various sub-castes of Scheduled Castes. The State made reservation of 15% in appointment in services and admission in educational institutions for Scheduled Castes and Scheduled Tribes. The Raju Commission concluded that a large number of benefits of the reservati...
Ahara Technology Group, Hyd. Vs. A.P. Meat, Poultry Development Corpor ...
Court: Andhra Pradesh
Decided on: Nov-18-2000
Reported in: 2000(6)ALD785; 2001(1)ALT92
ORDER1. The petitioner, who is aTechnical Consultant, has invoked Article 226 of the Constitution of India questioning the order of the 1st respondent in awarding the contract in favour of the 2nd respondent in pursuance of Bid Notice No. 1/Meat/APMDC Ltd/2000, dated 17-4-2000 ignoring the claims of the petitioner. The factual matrix leading to the filing of the writ petition is set out as hereunder : The 1st respondent, which is a Government Undertaking, has constructedvarious abaltoirs at various places in the State. It notified in Economic Times on 19-4-2000 calling for tenders from the eligible parties for rendering consultancy service for various components of its modern abattoir at Hyderabad. The petitioner submitted the tender before 3-5-2000 to the 1st respondent. The petitioner enclosed all the information pertaining to the projects executed by it earlier. The tenders were opened on 3-5-2000 in the office of the Ist respondent and it was found that five tenders were received t...
Viruvuru Gram Panchayat Vs. Collector and ors.
Court: Andhra Pradesh
Decided on: Nov-18-2000
Reported in: 2000(6)ALT732
ORDERGoda Raghuram, J.1. The Viruvuru Gram Panchayati represented by its Sarpanch has instituted these proceedings seeking a direction to the respondent Nos. 1 to 4 to issue fishing rights to the petitioner in Nakkalagandi Reservoir (for short 'the tank') situate within the limits of the village.2. Asserting that the aforementioned tank is a minor irrigation tank situated within the limits of the petitioner-Grampanchayat and that for the past forty (40) years, the fishing rights in the tank were being enjoyed by the petitioner-Grampanchayat by obtaining lease from the State Government, the petitioner sought the relief already adverted to.3. The petitioner is stated to have sent a representation to the respondent Nos. 1 to 4 on 13-04-1999 seeking permission for securing the lease-hold fishing rights in the tank. In the said representation it was also alleged that a bogus society has been brought forth at Ramapuram, whose members were intending to deprive the interest and rights of the p...
Mohd. Isaq Gulsani Vs. J. Rajamouli and Another
Court: Andhra Pradesh
Decided on: Nov-17-2000
Reported in: 2001(2)ALD728; 2001(1)ALD(Cri)8; 2001(1)ALT(Cri)80; 2001CriLJ522
ORDER1. The petitioner seeks to quash the proceedings initialed against him in CC No.251 of 1999 on the file of the Judicial Magistrate of First Class, Luxettipet.2. The petitioner is the accused in the said criminal case filed against him by the first respondent herein. The complaint was filed under Section 138 of the Negotiable Instruments Act (for brevity 'the Act') on the premise that the petitioner approached the complainant and borrowed an amount of Rs.13,000/- from his house at Itikyal village as 'hand loan' promising to repay the same as and when demanded; and that despite several demands, he did not repay the same; and that on 10-3-1999 the petitioner issued a cheque bearing No.731725 for the said amount and when the cheque was presented through the Banker of the complainant, it was dishonoured; and, therefore, he committed the offence under Section 138 of the Act.3. Pursuant to the summons issued by the Court, after taking cognizance of the case in CC No.251 of 1999, the peti...
J. Muniratnam and Others Vs. Sri Venkateswara University, Tirupati and ...
Court: Andhra Pradesh
Decided on: Nov-17-2000
Reported in: 2000(6)ALD629; 2000(6)ALT348
ORDER1. The petitioners are working as lecturers in Telugu Department inthe first respondent-Sri Venkateswara University, Tirupati. Respondents 5 to 8 herein were also appointed as lecturers in the Department of Telugu of the first respondent-University. They were posted to P.G. Centre at Kurnool. The P.O. Centre, Kurnool, which was within the territorial jurisdiction of the first respondent-Sri Venkateswara University stood transferred to Sri Krishnadevaraya University by virtue of Section 6-A of the Andhra Pradesh Universities Act, 1991 (for short 'the Act').2. Respondents 5 to 8 exercised their opinion to remain in the services of the first respondent-Sri Venkateswara University. The first respondent-University by its order dated 8-5-1995 accepted the option exercised by respondents 5 to 8 to remain with the first respondent-University. According to the petitioners, there are no vacancies in the Department of Telugu in the first respondent-University. The first respondent-University...
Apsrtc, Musheerabad, Hyderabad and Others Vs. M. Narasaiah
Court: Andhra Pradesh
Decided on: Nov-17-2000
Reported in: 2000(6)ALD471; 2000(6)ALT662; [2001(88)FLR659]
ORDERM.S. Liberhan, C.J.1. This appeal by the appellants-Corporation arises out of an order dated 20-6-2000 of the learned single Judge reported in : 2000(4)ALD581 , inter alia allowing the writ petition filed by the workman and directing the Corporation to pay the arrears of his salary after fixation of pay by granting notional increments in terms of the award passed by the Labour Court in favour of the respondent-workman.2. The facts are not in dispute. The respondent-workman was removed from service on 17-6-1981 and he was reinstated to service in the month of January, 1989 subsequent to an award dated 17-12-1988 of the Labour Court directing the Corporation to reinstate workman into service within thirty days from 6-12-1988. However, as the records are not available, the Corporation could not fix his pay. Finally, the Corporation fixed his pay in January, 1994.3. The workman preferred a writ petition in the year 1997 seeking the benefit of fixation of notional increments during the...
R. Krishna Murthy Vs. Allwyn Watches Limited and Another
Court: Andhra Pradesh
Decided on: Nov-17-2000
Reported in: 2000(6)ALD655; 2000(6)ALT328
ORDER1. The petitioner in the instant writ petition challenges the order dated 27th November, 1995 on the file of the first respondent purporting to terminate his services from the category of Senior Manager (Personnel). The impugned order, according to the petitioner, is arbitrary, mala fide and without jurisdiction.2. The petitioner herein was originally appointed in M/s. Hyderabad Allwyn Limited on 8-6-1961 as a clerk. Later on, he was promoted in the said organization from time to time and ultimately held the post of Senior Manager (Personnel).3. M/s. Hyderabad Allwyn limited ran into financial sickness and was referred to the Board for Industrial Financial Reconstruction under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. It so happened, on account of rehabilitation package, M/s. Hyderabad Allwyn Limited was trifurcated into three different units viz., Allwyn (a unit of Voltas Limited). M/s. Hyderabad Allwyn Auto Limited and Allwyn WatchesLimited....
Ketha Venkata Swamy Alias Musalayya and ors. Vs. T.S.R.K. Prasad, S.i. ...
Court: Andhra Pradesh
Decided on: Nov-17-2000
Reported in: 2000(6)ALT768
ORDERJ. Chelameswar, J.1. The first petitioner, it is alleged in the affidavit filed in support of the writ petition, was taken into the custody by the constables of II Town Police Station, Rajahmundary on 8-8-1999. It is alleged further in the affidavit that the petitioner was tortured in the Police Station. In this connection, the petitioner made representations to the Superintendent of Police, East Godavari on 15-8-1999 and 12-10-1999 respectively. Apart from that, the petitioner moved this Court earlier, by way of W.P.Nos. 19666 of 1999 and 3785 of 2000 respectively. Both the matters were disposed of by a common order dated 28-3-2000. A Division Bench of this Court directed that a 'fact finding enquiry' would be made by the District Human Rights Commission, in connection with the allegation of the torture against the petitioner by the respondent police officials. The District Human Rights Commission registered the matter as HRC No. 1 of 2000 and the trial and enquiry of the matter ...
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